Murray Tevlin was interviewed today by CBC’s Anna Maria Tremonti on “The Current” regarding issues surrounding mandatory retirement of senior professionals. The case involves allegations of age discrimination by Mitch McCormick, a very long term and senior Fasken equity partner who is trying to avoid being forced out of the law firm as an equity … Continued
Withler and Fitzsimonds v. Canada (Attorney General), 2011 SCC 12 – March 2011 The Supreme Court of Canada faced two representative plaintiffs in two class actions claiming age discrimination in two Superannuation benefit plans of the federal government. The actions involved claims totalling about $2.6 billion. The actions had been dismissed at the BCSC and BCCA … Continued
Ontario Ministry of Labour v. United Independent Operators Ltd. 2011 ONCA 33 The Ontario Court of Appeal faced the question whether a labour broker for true independent contractors were included in the definition of “Employer” for the purposes of the Occupational Health and Safety Act of Ontario (“OHSA”). The government had prosecuted the contractor for … Continued
Blair Curtis has written an article for the upcoming BC Continuing Legal Education Employment Law Conference, tracing developments in the law of punitive damages for wrongful dismissal cases. The article traces recent decisions from Canadian courts where plaintiffs seek to recover extra damages for mental distress based on the conduct of an employer at … Continued
On February 18, 2011, in Beggs v. Westport Foods Ltd., 2011 BCCA 76 the BC Court of Appeal handed down reasons case which involved issues which often arise in a wrongful dismissal claim. In this important employment law case, the plaintiff was a long service permanent part-time clerk in the defendant’s grocery store. She had … Continued
When can an employee say no to the boss or sue for wrongful dismissal? This is an interesting question without a simple answer. The answer depends on the particular circumstances of the direction given by the employer and supervisor. Employees must obey all lawful orders by their employers and supervisors, failing which they risk … Continued
In its current Ontario edition, The Lawyer’s Weekly published an article on the McCormick human rights complaint being pursued by Murray Tevlin, of TevlinGleadle Employment Law Strategies, pursuant to the BC Human Rights Code. This proceeding involves the claim of a long service equity parter based on age discrimination. The current stage involves a determination … Continued
The Honourable Madam Justice Loo of the British Columbia Supreme Court recently dismissed a defence of just cause in a wrongful dismissal case, with a comprehensive and thoughtful analysis of recent leading cases which guide the court on subjects including just cause, fiduciary duty of employees, incompetence, conflict of interest, insubordination, condonation, conflict of interest, … Continued
Merrill Lynch Canada Inc. v. Soost 2010 ABCA 251 – August 2010 This is a must read – entertaining – and important Alberta Court of Appeal employment law decision facing the question whether damages can be awarded for the mere fact of an employees wrongful dismissal and the stigma attaching thereto. At trial a stock … Continued
The BC Court of Appeal overturned the trial decision awarding $100,000 in punitive damages. This case concerned the assessment of damages for wrongful dismissal in a contract which expressly limits an employer’s obligation to employ to the availability of work, whether so-called consequential damages are available to a wrongfully dismissed employee and the relationship between … Continued
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